Some driver training providers have stated that all employees driving on company business must undertake formal driver training or the company will fail in its legal duty of care and be open to prosecution.

Others have stated that without annual driving licence checks, validated through the Driver and Vehicle Licensing Agency (DVLA), a company is failing to fulfil itslegal obligations.

These are both untrue. What is true is that driver training and licence checking are commonly used tools for managing work related road risk. They are by no means a legal necessity though.

From the other perspective, in a vain search for the ultimate in risk mitigation, some companies remain convinced that third party suppliers such as risk management companies and leasing providers should offer products or services that take on their duty of care responsibilities and indemnify them against prosecution. Sadly, this is also untrue.

The idea of outsourcing health and safety or duty of care obligations is undoubtedly very appealing. In reality, the law is unequivocal. These risks fall firmly at the feet of the company that is commissioning the business use of the vehicle.

The company has control over policies and procedures and has the contracts and the direct management line with the employees. This is something no external provider would have the absolute ability to control.